It is important for tenants to know their rights and obligations under Kenyan laws so that they can live in a harmonious manner with their landlords. What’s more, knowing one’s rights is important as it allows one to handle any issues or disputes that may arise in the course of the tenancy agreement in a fair and legal manner with their respective landlord. This guide takes you through the rights of tenants in Kenya with these goals in mind.
What Are the Rights of Tenants in Kenya?
The rights of tenants in Kenya include the right to quiet enjoyment of their rented property without any disturbance from other tenants as well as the landlord. This right means that the landlord must give you notice if they want to inspect the property as stipulated in your lease agreement.
Along this line, the landlord also has rights under Kenyan laws, including the right to receive rent on time. The landlord also enjoys the right to inspect his or her property with prior notice to the tenant per the lease. Additionally, they have the right to have their property maintained in a good manner, e.g., the tenant cannot damage the rented property or make adjustments that do not align with the lease agreement.
The Rent Restriction Act
Under Kenyan law, there is a Rent Restriction Act that serves the relationship between a landlord and tenants and facilitates the stipulation of the rights of both parties. This Act was created in the 1980s and the cost of living and the economy has since changed a lot.
Hence, there are efforts to come up with a new law; herein, The Landlord and Tenant Bill 2021, that will capture the new terrain, but this is yet to be passed by parliament and is still being debated.
As such, the Rent Restriction Act continues to be the applicable law in Kenya at the moment. This Law deals with disputes that arise between a landlord and a tenant where the monthly rent is 2,500 Kenyan shillings and below.
As such, this cap disadvantages many Kenyans who want to get a reprieve from the tribunal but cannot, as their monthly rents are above this threshold.
Security Deposits – Rights of Tenants in Kenya
Under the law, the landlord has the right to collect a security deposit from a tenant to cater to repairs resulting from the tenant’s wear and tear of the rented property. They are also used to cover the payments where the tenant has failed to pay rent.
However, deposits are limited to the equivalent of two months of rent, and this money should be in a separate account, the balance of which (after repairs) should go to the tenant. Where there is a dispute as to the damages to the property, the tenant can raise the same with the landlord.
Tenant Evictions
There are instances that arise where a landlord seeks to evict a tenant. In this instance, it is important that the landlord uses the set procedure as per our Kenyan laws – this includes giving the tenants a minimum of one month’s notice prior to evicting them. Failure to do so means the landlord will be acting outside the law, and the tenant can take legal action against the landlord for infringing on their rights.
In such a case of unlawful eviction, the tenant can consult experienced advocates in Kenya who will then take up the matter and shall seek the perfect avenue to raise the matter, such as in the different housing authorities or in courts to have the tenant’s rights respected by the landlord and have the rights enforced.
It is, hence, important for tenants to raise an issue and consult experienced advocates so that they can know their legal position and protect themselves accordingly.
Rent Increments – The Rights of Tenants in Kenya
It is important to know that landlords have the right to increase rent for their properties. A landlord has the right to increase rent for their property so that they can also be able to pay the different property taxes and also get a profit from their property as it is their right.
Even so, this right is meant to be exercised in a sound and lawful manner and should not infringe on the tenants’ rights. Hence, the landlord can increase the rent but it cannot be increased every time and without notice or be increased exponentially without a reason – there must be a balance between the two.
As such, these rights also have their limitations under our Kenyan laws, and should a tenant feel aggrieved, he or she can consult an experienced advocate in Kenya to have their rights respected and enforced.